AN170010 – Building and Construction Industry Award

AN170010 – Building and Construction Industry Award

36. PUBLIC HOLIDAYS AND HOLIDAY WORK

(a) An employee, other than a casual employee shall be entitled to the following holidays without deduction of ordinary pay:

(i) New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen’s Birthday, Eight-Hour Day or Labour Day, Christmas Day, Boxing Day, Show Day, Regatta Day in the south of the State (i.e., Oatlands and all towns south of Oatlands), and Recreation Day in the north of the State (i.e., all towns north of Oatlands).

(ii) PROVIDED that where, in any locality, a show day falls on a Saturday or Sunday, an employer whose premises are in that locality shall grant his or her employees another day as a paid holiday in lieu thereof.

(b) (i) Where Christmas Day is a Saturday or Sunday, a holiday in lieu thereof shall be observed on 27 December.

(ii) Where substitution occurs as in paragraph (b)(i), work on 25 December will attract an additional loading of half a normal day’s wage for a full day’s work in addition to the Saturday/Sunday rate and the employee will also be entitled to the benefit of the substitute public holiday.

(d) When New Year’s Day or Australia Day is a Saturday or Sunday, a holiday in lieu thereof shall be observed on the next Monday.

(e) Where in the State, or locality within the State, additional holidays which are to be generally observed are declared or prescribed by the authority of the State Government on days other than those set out in subclause (a) hereof, those days shall constitute additional holidays for the purpose of this award.

(f) Where such additional holidays are to be observed in accordance with subclause (e) hereof, it is the locality of the employers premises nearest the employees home or point of engagement (or the location of the site where employees are engaged on distant work) which determines whether or not the additional holiday is to be observed.

(g) An employer and the employees may agree to substitute another day for any prescribed in this clause. For this purpose, the consent of the majority of affected employees covered by this award shall constitute agreement.

(h) An agreement pursuant to subclause (g) hereof shall be recorded in writing and be available to every affected employee.

(i) The unions which are party to this award shall be informed of an agreement pursuant to subclause (g) hereof, provided such agreement is made with a union member.

(j) Where an employee is absent from their employment on the working day before or the working day after a public holiday without reasonable excuse or without the consent of the employer, the employee shall not be entitled to payment for such holiday.

(k) An employer who terminates the employment of an employee except for reasons of misconduct or incompetency (proof of which shall lie upon the employer) shall pay the employee a day’s ordinary wages for each holiday prescribed in subclauses (a), (b), (c), (d) and (e) hereof or each holiday in a group as prescribed in subclause (l) hereof which falls within 10 consecutive calendar days after the day of termination.

(l) Where any two or more of the holidays prescribed in this award occur within a seven-day span, such holidays shall for the purpose of this award be a group of holidays. If the first day of the group of holidays falls within 10 consecutive days after termination, the whole group shall be deemed to fall within the 10 consecutive days.

(m) Christmas Day, Boxing Day and New Year’s Day shall be regarded as a group.

(n) No employee shall be entitled to receive payment from more than one employer in respect of the same public holiday or group of holidays.

(o) Where an employee is working on a part-time basis pursuant to the provisions of Clause 34 - Parental Leave of this award, the holidays provisions in this clause shall only apply in respect of that part of a holiday or group of holidays which coincides with the ordinary hours of part-time work applicable to that employee.